Hawaii Minimum Wage Preemption Law: Statewide Employment Preemption Rules (2026)

Full Breakdown

HRS 387-2 establishes Hawaii's minimum wage. Act 114 (2022) enacted a series of scheduled increases raising the minimum wage to $14.00 in 2024 and $16.00 in 2026, with further increase to $18.00 in 2028. The law covers most private sector employees, with limited exceptions for tipped workers (subject to a tip credit) and certain training wages. While HRS 387 sets a uniform statewide floor, counties have not historically enacted higher local minimum wages, and Hawaii's home rule structure leaves wage policy primarily to the legislature. Employers in all four counties must comply with the highest of state, federal, or any applicable contractual minimums.

Violations & Penalties

Failure to pay the minimum wage carries back-wage liability plus penalties under HRS 387-12 and possible criminal sanctions.

Frequently Asked Questions

What is Hawaii's minimum wage in 2026?

$16.00 per hour under Act 114 (2022) scheduled increases.

Can counties set higher minimum wages?

Hawaii's wage law is largely uniform statewide and counties have not adopted local minimums.

Does Hawaii allow a tip credit?

Yes. A limited tip credit applies under HRS 387-2 for qualifying tipped employees.

Sources

Source

Hawaii Minimum Wage Law and Local Authority Limits